CONTENTS
- 1. The Client Who Requested a Suncheon Attorney Consultation
- 2. Assistance with the Client's Case Through a Suncheon Attorney Consultation
- - Suncheon Attorney Consultation Assistance 1. Arguing the Client Was Unaware of the Offense
- - Suncheon Attorney Consultation Assistance 2. Arguing the Absence of Any Prior Record of the Same Offense
- - Suncheon Attorney Consultation Assistance 3. Arguing the Absence of Any Benefit Gained from the Embezzlement
- 3. Suncheon Attorney Consultation, Establishing the Client's Grievance and Successfully Obtaining a No-Prosecution Decision
1. The Client Who Requested a Suncheon Attorney Consultation
The client who requested help through a Suncheon attorney consultation came to be investigated by the prosecution on suspicion of embezzlement.
The client requested, through a Suncheon attorney consultation, that the grievance be resolved.
Statutes on Embezzlement Examined Through a Suncheon Attorney Consultation
Embezzlement refers to the crime in which a person who keeps another's property embezzles that property or refuses to return it.
- Violation of the Criminal Act
• Where a person who keeps another's property embezzles that property or refuses to return it (Article 355(1) of the Criminal Act): imprisonment for up to five years or a fine not exceeding 15 million won
• Where a person who administers another's affairs obtains a pecuniary benefit or causes a third party to obtain one through an act in breach of his or her duty, thereby causing loss to the principal (Article 355(2) of the Criminal Act): imprisonment for up to five years or a fine not exceeding 15 million won
• A person who commits the crime under Article 355 in breach of an occupational duty (Article 356 of the Criminal Act): imprisonment for up to ten years or a fine not exceeding 30 million won
-Sentencing Factors for Embezzlement
▲ Where the risk of loss
was not substantially realized
▲ Where the degree of breach of duty was minor
▲ Sincere remorse
▲ No prior criminal punishment
2. Assistance with the Client's Case Through a Suncheon Attorney Consultation
Through a Suncheon attorney consultation, we set out to assist the client.
Suncheon Attorney Consultation Assistance 1. Arguing the Client Was Unaware of the Offense
Through a Suncheon attorney consultation, Daeryun emphasized that the client had not known whether the act in question constituted occupational 🔗embezzlement.
At the instruction of a superior, the client received a business partner's funds into a personal account and then transferred them to the superior's account.
The superior had instructed the client to do so on the pretext that 'the company account had been attached and funds were urgently needed for operations.'
In reality, it was a period when the company's business performance was declining, and because the superior was also a founding member of the company, the client never suspected that it might be embezzlement.
Suncheon Attorney Consultation Assistance 2. Arguing the Absence of Any Prior Record of the Same Offense
Through a Suncheon attorney consultation, we argued that the client had no prior record of similar crimes such as embezzlement or breach of trust like the present case.
The client had simply regarded this as one of the company's business matters and was therefore very bewildered.
Through a Suncheon attorney consultation, we emphasized that the client had by no means intentionally taken part in the embezzlement.
Suncheon Attorney Consultation Assistance 3. Arguing the Absence of Any Benefit Gained from the Embezzlement
Through a Suncheon attorney consultation, Daeryun argued that the client had gained no benefit from this case.
In fact, the client remitted the funds received as they were and never received any separate benefit from them.
Through a Suncheon attorney consultation, we used this information as evidence and emphasized that the embezzlement charge was deeply unfair.
3. Suncheon Attorney Consultation, Establishing the Client's Grievance and Successfully Obtaining a No-Prosecution Decision
Through a Suncheon attorney consultation, the client was able to establish the grievance and obtain a no prosecution decision.
The prosecution stated that 'there was no evidence sufficient to find that the client had conspired in or taken part in the embezzlement.'
If you are caught up in an unfair embezzlement charge, it is very important to secure evidence with the help of a specialist attorney who can establish the objective facts.
At Daeryun Law Firm, veteran attorneys with an average of more than ten years of legal experience in the courts, the prosecution, and the police provide defense strategies tailored to the client's situation.
If you are seeking an 🔗attorney consultation for a situation like the above, please visit Daeryun Law Firm's 🔗Suncheon office.
This content is based on actual case studies of Daeryun Law LLC with some adaptations, and the copyright belongs to our firm.
Unauthorized reproduction, duplication, or distribution and other copyright infringements may result in legal action under applicable laws.
